¹

Repealed 28 Acts including Bee Pest Prevention (Ireland) Act 1908, Protection of Animals Act 1911, Importation of Plumage (Prohibition) Act 1921, Musk Rats Act 1933, Slaughter of Cattle and Sheep Act 1934, Slaughter of Cattle and Sheep (Amendment) Act 1935, Slaughter of Animals Act 1935, Flax Act 1936, Slaughter of Cattle and Sheep (Amendment) Act 1936, Agricultural Products (Regulation of Import) Act 1938, Agricultural and Fishery Products (Regulation of Export) Act 1947, Clean Wool Act 1947, Poultry Hatcheries Act 1947, Flax Act 1936 (Suspension) Act 1950, Protection of Animals (Amendment) Act 1965, Diseases of Animals Act 1966, Livestock Marts Act 1967, Wool Marketing Act 1968, Bovine Diseases (Levies) Act 1979, Wool Marketing Act 1984, Protection of Animals Kept for Farming Purposes Act 1984, Control of Bulls for Breeding Act 1985, Bovine Diseases (Levies) (Amendment) Act 1996, National Beef Assurance Scheme Act 2000, Diseases of Animals (Amendment) Act 2001.

In addition, numerous SIs made under powers in these Acts ceased to have effect unless included in the list of SIs considered to be Animal Health and Welfare Regulations in sch. 4 of the 2013 Act. They should be revoked as a matter of good practice. They include:

• Bee Pest Prevention (Ireland) Act 1908 (8 Edw. 7 c. 34): Bee Pest Prevention (Ireland) Regulations 1909, S.I. Nos. 254 of 1950, 82 of 1971 and 151 of 1978.
• Musk Rats Act 1933 (16/1933): S.R.& O. No. 5 of 1934, S.I. No. 199 of 1965.
• Slaughter of Cattle and Sheep Act 1934 (42/1934): S.R.&.O. Nos. 284 of 1934, 285 of 1934, 324 of 1934, 373 of 1934, 537 of 1935, 538 of 1935, 114 of 1936, 114 of 1937.
• Slaughter of Animals Act 1935 (45/1935): S.R.&.O. No. 303 of 1936, 323 of 1936, 370 of 1936, 153 of 1937, S.I. Nos. 227 of 1973, 599 of 2008.
• Slaughter of Cattle and Sheep (Amendment) Act 1936 (33/1936): S.R.&.O. Nos. 211 of 1936, 340 of 1936.
• Agricultural Products (Regulations of Import) Act 1938 (14/1938): S.R.& O. No. 148 of 1939, S.I. Nos. 225 of 1948, 88 of 1951, 277 of 1952, 177 of 1955, 215 of 1962, 143 of 1966, 144 of 1966, 148 of 1966, 154 of 1966, 26 of 1973, 262 of 1987.
• Agricultural and Fishery Products (Regulation of Export) Act 1947 (18/1947): S.I. Nos. 302 of 1950, 202 of 1952, 234 of 1953, 194 of 1954, 195 of 1954, 242 of 1954, 244 of 1954, 262 of 1954, 200 of 1955, 201 of 1955, 52 of 1956, 94 of 1956, 2 of 1957, 6 of 1957, 7 of 1957, 153 of 1957, 80 of 1958, 53 of 1959, 171 of 1959, 226 of 1960, 21 of 1963, 26 of 1964, 104 of 1964, 86 of 1966, 140 of 1966, 127 of 1970, 153 of 1970, 314 of 1971, 69 of 1972, 70 of 1972, 71 of 1972, 209 of 1972, 10 of 1973, 218 of 1973, 11 of 1978, 238 of 1979, 372 of 1984, 49 of 1991, 297 of 1992.
• Clean Wool Act 1947 (27/1947): S.R.& O. Nos. 272 of 1947, 273 of 1947.
• Poultry Hatcheries Act 1947 (49/1947): S.I. Nos. 377 of 1948, 378 of 1948, 275 of 1949, 186 of 1951, 122 of 1959.
• Diseases of Animals Act 1966 (6/1966): S.R.& O. Nos. 32 of 1926, 33 of 1926, 36 of 1926, 50 of 1927, 62 of 1928, 61 of 1930, 9 of 1931, 38 of 1931, 39 of 1931, 17 of 1932, 18 of 1932, 19 of 1932, 48 of 1932, 12 of 1933, 13 of 1933, 14 of 1933, 17 of 1933, 18 of 1933, 39 of 1933, 175 of 1935, 651 of 1935, 43 of 1936, 23 of 1938, 66 of 1938, 99 of 1938, 104 of 1938, 126 of 1938, 230 of 1938, 231 of 1938, 232 of 1938, 273 of 1938, 287 of 1938, 134 of 1952, 39 of 1954, 115 of 1954, 26 of 1956, 147 of 1956, 188 of 1956, 217 of 1957, 234 of 1958, 8 of 1960, 218 of 1960, 227 of 1960, 38 of 1961, 266 of 1961, 4 of 1962, 43 of 1962, 86 of 1962, 192 of 1962, 148 of 1965, 211 of 1965, 246 of 1965, 119 of 1966, 200 of 1966, 201 of 1966, 209 of 1966, 228 of 1966, 68 of 1967, 69 of 1967, 217 of 1967, 242 of 1967, 247 of 1967, 256 of 1967, 257 of 1967, 271 of 1967, 79 of 1968, 165 of 1968, 249 of 1969, 250 of 1969, 65 of 1970, 280 of 1970, 296 of 1970, 297 of 1970, 138 of 1971, 299 of 1972, 273 of 1975, 213 of 1978, 345 of 1978, 155 of 1980, 188 of 1983, 70 of 1984, 286 of 1986, 133 of 1987, 16 of 1989, 61 of 1989, 98 of 1990, 195 of 1990, 249 of 1992, 283 of 1992, 284 of 1992, 288 of 1992, 289 of 1992, 298 of 1992, 418 of 1992, 258 of 1994, 46 of 1995, 47 of 1995, 174 of 1998, 270 of 2000, 80 of 2001, 98 of 2001, 104 of 2001, 144 of 2001, 149 of 2001, 151 of 2001, 161 of 2001, 165 of 2001, 166 of 2001, 196 of 2001, 217 of 2001, 276 of 2001, 314 of 2001, 316 of 2001, 319 of 2001, 352 of 2001, 358 of 2001, 470 of 2001, 502 of 2001, 574 of 2001, 5 of 2002, 13 of 2002, 32 of 2002, 189 of 2002, 190 of 2002, 191 of 2002, 349 of 2002, 436 of 2002, 114 of 2003, 183 of 2003, 193 of 2003, 403 of 2003, 619 of 2003, 37 of 2004, 412 of 2004, 503 of 2004, 690 of 2004, 505 of 2005, 89 of 2007, 111 of 2007, 163 of 2007, 42 of 2008, 151 of 2008, 260 of 2008, 476 of 2010, 57 of 2011, 423 of 2011, 8 of 2012, 494 of 2012, 532 of 2012, 120 of 2013, 195 of 2013.
• Livestock Marts Act 1967 (20/1967): S.I. Nos. 197 of 1967, 251 of 1968, 279 of 2000, 462 of 2001, 52 of 2012.
• Wool Marketing Act 1968 (26/1968): S.I. Nos. 85 of 1970, 143 of 1971, 213 of 1974, 214 of 1974, 85 of 1980, 308 of 1984.
• Bovine Diseases (Levies) Act 1979 (26/1979): S.I. Nos. 272 of 1979, 673 of 2006
• Protection of Animals Kept for Farming Purposes Act 1984 (13/1984): S.I. Nos. 267 of 1994, 263 of 2003, 197 of 2007.
• Control of Bulls for Breeding Act 1985 (13/1985): S.I. Nos. 333 of 1986, 334 of 1986, 166 of 1990, 327 of 1994, 280 of 1995, 317 of 1996, 425 of 1998, 284 of 2000, 447 of 2002 and 662 of 2004.
• Bovine Diseases (Levies) (Amendment) Act 1996 (5/1996): S.I. No. 161 of 1996.
• National Beef Assurance Scheme Act 2000 (2/2000): S.I. Nos. 130 of 2000, 414 of 2000, 415 of 2000, 393 of 2001, 394 of 2001, 422 of 2002, 656 of 2003, 723 of 2004, 806 of 2005, 676 of 2006, 400 of 2008, 559 of 2008, 318 of 2012.

² SIs listed are retained by Animal Health and Welfare Act 2013, s. 75 and sch. 4; some scheduled have since been revoked.

³ Ceased to have effect on 28 December 2014, reg. 1.

⁴ Repealed by Animal Health and Welfare Act 2013, not commenced.

⁵ SIs made by Minister for Justice, but amendments initiated by Environment and Agriculture.

⁶ These regulations repealed and replaced the Cruelty to Animals Act 1876 (39 & 40 Vict., c.77) as amended.

⁷ Repealed by Animal Health and Welfare Act 2013, not commenced.

⁸ Repealed by Animal Health and Welfare Act 2013, not commenced.

⁹ This Act provides for its own repeal in s. 9(3) on making of a ministerial order dissolving the Slaughtered Animals (Compensation) Trustees. The Commission is not aware of such an order. The Act appears to be obsolete.

¹⁰ The enabling sections are Control of Dogs Act 1986 (32/1986), ss. 19 and 31. Section 19 was substituted by Control of Dogs (Amendment) Act 1992 (13/1992), s. 8(1), (2), substitution commenced by Control of Dogs (Amendment) Act, 1992 (Commencement) Order 1998 (S.I. No. 443 of 1998). There is a saver for regulations in s. 8(2): “Regulations under section 19 of the Control of Dogs Act, 1986 , in force immediately before the commencement of this section, shall continue in force after such commencement as if made under the said section 19, as inserted by this section, and may be amended or revoked accordingly.”

¹¹ There may also be by-laws made by local authorities under this Act.

¹² See S.I. No. 192 of 2011 and S.I. No. 220 of 2011.

¹³ The original enabling provision, Wildlife Act 1976 (39/1976), s. 78(7) was repealed by Wildlife (Amendment) Act 2000 (38/2000), ss. 2, 71(e), commenced by S.I. No. 371 of 2000; in force instruments were continued under the 2000 Act by s. 4: “No repeal or amendment by this Act shall be construed so as to affect the continuance, in accordance with its terms and conditions, of any order or designation, or licence granted under the Wildlife Act, 1976 , which was subsisting at the time of commencement of the relevant provision of this Act.”

¹⁴ The original enabling provision, Wildlife Act 1976 (39/1976), s. 46 was amended by Wildlife (Amendment) Act 2000 (38/2000), ss. 2, 52, commenced by S.I. No. 371 of 2001; in force instruments were continued under the 2000 Act by s. 52(2): “Notwithstanding subsection (1) of this section, any regulations made under section 46 of the Principal Act and in force immediately before the commencement of paragraphs (a) and (b) of that subsection shall continue in force until revoked.”

¹⁵ The enabling provision would seem to be s. 44(5), which is in force.

¹⁶ The original enabling provision, Wildlife Act 1976 (39/1976), s. 53, was amended by Wildlife (Amendment) Act 2000 (38/2000), ss. 2, 57, commenced by S.I. No. 371 of 2001; in force instruments were continued under the 2000 Act by s. 4.

¹⁷ The enabling provision would seem to be s. 44(5), which is in force.

¹⁸ The original enabling provision, Wildlife Act 1976 (39/1976), s. 23, was amended by Wildlife (Amendment) Act 2000 (38/2000), ss. 2, 31, commenced by S.I. No. 371 of 2001; in force instruments were continued under the 2000 Act by s. 4.

¹⁹ The original enabling provision, Wildlife Act 1976 (39/1976), s. 22, was amended by Wildlife (Amendment) Act 2000 (38/2000), ss. 2, 30, commenced by S.I. No. 371 of 2001; in force instruments were continued under the 2000 Act by s. 4. The SI was previously amended by S.I. No. 397 of 1985, reg. 3(b)-(d) without affecting the regulation-making power.

²⁰ The original enabling provision, Wildlife Act 1976 (39/1976), s. 59, was amended by Wildlife (Amendment) Act 2000 (38/2000), ss. 2, 62, commenced by S.I. No. 371 of 2001, but in force instruments were continued under the 2000 Act by s. 4.

²¹ The original enabling provisions, Wildlife Act 1976 (39/1976), ss. 8(7), 41 were amended by Wildlife (Amendment) Act 2000 (38/2000), ss. 2, 47, commenced by S.I. No. 371 of 2001; in force instruments were continued under the 2000 Act by s. 4.

²² Spent on revocation of S.I. No. 193 of 1979 by S.I. No. 331 of 1998, art. 4, this SI should be revoked.

²³ Spent when amendment made by art. 3 superseded by S.I. No. 363 of 1997, art. 3, this SI should be revoked.

²⁴ The original enabling provision, Wildlife Act 1976 (39/1976), s. 16 was amended by Wildlife (Amendment) Act 2000 (38/2000), ss. 2, 27(a), commenced by S.I. No. 371 of 2001; in force instruments were continued under the 2000 Act by s. 4.

²⁵ Ibid.

²⁶ Ibid.

²⁷ The original enabling provision, Wildlife Act 1976 (39/1976), s. 17(9) was amended by Wildlife (Amendment) Act 2000 (38/2000), ss. 2, 28(c), commenced by S.I. No. 371 of 2001; in force instruments were continued under the 2000 Act by s. 4.

²⁸ Ibid.

²⁹ Ibid.

³⁰ The original enabling provision, Wildlife Act 1976 (39/1976), s. 16 was amended by Wildlife (Amendment) Act 2000 (38/2000), ss. 2, 27(a), commenced by S.I. No. 371 of 2001; in force instruments were continued under the 2000 Act by s. 4.

³¹ Ibid.

³² The original enabling provision, Wildlife Act 1976 (39/1976), s. 17(9) was amended by Wildlife (Amendment) Act 2000 (38/2000), ss. 2, 28(c), commenced by S.I. No. 371 of 2001; in force instruments were continued under the 2000 Act by s. 4.

³³ The original enabling provision, Wildlife Act 1976 (39/1976), s. 16 was amended by Wildlife (Amendment) Act 2000 (38/2000), ss. 2, 27(a), commenced by S.I. No. 371 of 2001; in force instruments were continued under the 2000 Act by s. 4.

³⁴ Ibid.

³⁵ Ibid.

³⁶ Ibid.

³⁷ The original enabling provision, Wildlife Act 1976 (39/1976), s. 23, was amended by Wildlife (Amendment) Act 2000 (38/2000), ss. 2, 31, commenced by S.I. No. 371 of 2001; in force instruments were continued under the 2000 Act by s. 4.

³⁸ The original enabling provision, Wildlife Act 1976 (39/1976), s. 17(9) was amended by Wildlife (Amendment) Act 2000 (38/2000), ss. 2, 28(c), commenced by S.I. No. 371 of 2001; in force instruments were continued under the 2000 Act by s. 4.

³⁹ Ibid.

⁴⁰ Ibid.

⁴¹ Ibid.

⁴² Spent when amendment made by art. 3 was superseded by S.I. No. 363 of 1997, art. 3, this SI should be revoked.

⁴³ Spent when amendment made by art. 3 expired, this SI should be revoked.

⁴⁴ Spent when amendment made by art. 3 was superseded by S.I. No. 363 of 1997, art. 3, this SI should be revoked.

⁴⁵ Spent on revocation of S.I. No. 193 of 1979 by S.I. No. 331 of 1998, art. 4, this SI should be revoked.

⁴⁶ Spent when amendment made by art. 3 was superseded by S.I. No. 332 of 1998, art. 4, this SI should be revoked.

⁴⁷ Spent when amendment made by art. 4 was superseded by S.I. No. 428 of 2001, art. 3, this SI should be revoked.

⁴⁸ Spent when amendment made by art. 3 was superseded by S.I. No. 394 of 2003, art. 3, this SI should be revoked.

⁴⁹ Spent when amendment made by art. 3 was superseded by S.I. No. 402 of 2012, art. 3, this SI should be revoked.

⁵⁰ Spent when amendment made by art. 3 was superseded by S.I. No. 346 of 2008, art. 3, this S.I. should be revoked.

⁵¹ Spent on expiry of S.I. No. 2 of 2010, this SI should be revoked.

⁵² Spent on expiry, this SI should be revoked.

⁵³ Spent on expiry of S.I. No. 582 of 2010, this SI should be revoked.

⁵⁴ Ibid.

⁵⁵ Spent on expiry and when amendment made by art. 3 was superseded by S.I. No. 402 of 2012, art. 3, this SI should be revoked.

⁵⁶ See S.I. No. 192 of 2011 and S.I. No. 220 of 2011.

⁵⁷ See S.I. No. 192 of 2011 and S.I. No. 220 of 2011.

⁵⁸ See S.I. No. 192 of 2011 and S.I. No. 220 of 2011.

⁵⁹ This Act seems to have been last applied in the 1950s and appears to be obsolete.

⁶⁰ This Act and related statutory instruments were superseded by the EU Treaties and the Common Agricultural Policy and therefore appear to be obsolete and should be repealed/revoked.

⁶¹ This Act and related statutory instruments are superseded by the EU Treaties and the Common Agricultural Policy and appear to be obsolete.

⁶² This Act is superseded by the EU Treaties and the Common Agricultural Policy and appears to be obsolete.

⁶³ This Act and related statutory instruments are superseded by the EU Treaties and the Common Agricultural Policy and appear to be obsolete.

⁶⁴ Part 5 of Act: Agric.

⁶⁵ This Act, its amending Acts below and related secondary legislation appear to be obsolete and should be repealed/ revoked.

⁶⁶ This may be the responsibility of Department of Agriculture as the SI was made by Minister for Agriculture and Fisheries after consultation with Minister for Industry and Commerce.

⁶⁷ Certain functions transferred by S.I. No. 217 of 1968; this Act does not appear to have been used since the 1960s and appears to be obsolete.

⁶⁸

The SIs made under this Act were for limited periods and have expired.

⁶⁹ The Animal Remedies Act 1993 (Section 32(1)(b)) (Commencement) Order 2001 (S.I. No. 468 of 2001) provided for the commencement on 20 September 2001 of s. 32(1)(b) of the 1993 Act (which provides for the repeal of the Therapeutic Substances Act 1932 (25/1932) “on such day as may be fixed therefor by order of the Minister for Health after consultation with the Minister [for Agriculture]”). The European Communities (Therapeutic Substances Act 1932) (Cesser of Application) Regulations 1992 (S.I. No. 406 of 1992), made by the Minister for Health under the European Communities Act 1972, provided that the Therapeutic Substances Act 1932 (25/1932) ceased to apply to therapeutic substances for human use with effect from 1 January 1993. The Explanatory Note to the 1992 Regulations stated that the substances concerned were already controlled under the Medical Preparations (Licensing, Advertising and Sale) Regulations 1984 (S.I. No. 210 of 1984) for the purpose of EU Directives on immunological medicinal products (89/342/EEC) and on medicinal products derived from human blood or human plasma (89/381/EEC). The definition of “animal remedies authorisation” in reg. 2(1) of the European Communities (Animal Remedies) (No. 2) Regulations 2007 (S.I. No. 786 of 2007) includes “(b) a licence granted under the Therapeutic Substances Act 1932 (No. 25 of 1932) in respect of an animal remedy named on the licence.”

⁷⁰ The original enabling provision, Animal Remedies Act 1956 (41/ 1956), s. 7 was repealed by Animal Remedies Act 1993 (23/1993), s. 32, but in force instruments were continued under the 1993 Act by s. 31(1).

⁷¹ Ibid.

⁷²

Superseded by S.I. No. 219 of 1995, this SI should be revoked.

⁷³ It is likely that this legislation has been superseded by more modern legislation and should be considered for repeal and revocation.

⁷⁴ The enabling provisions are Butter and Margarine Act 1907 (7 Edw. 7, c. 21), s. 7 and a number of Public Health and Local Government Acts. However, it is likely that this legislation has been superseded by more modern legislation and should be considered for repeal and revocation.

⁷⁵ The enabling provisions are Butter and Margarine Act 1907 (7 Edw. 7, c. 21), s. 7 (Regulations as to preservatives) and Health Act 1947 (28/1947), ss. 5 (Regulations) and 54 (Regulations for prevention of danger from food and drink). Section 7 of the 1907 Act and s. 5 of the 1947 remain in force; s. 54 has been substituted twice: firstly by S. I. No. 333 of 1991 and then by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 25. The latter contains a saver in subs. (6) for regulations made under the repealed section; the former does not. In view of the other enabling provisions, this should not affect the validity of regulations made under s. 54 before 31 December 1991, the date of the first substitution. However, it is likely that this legislation has been superseded by more modern legislation and should be considered for repeal and revocation.

⁷⁶ The enabling provision for these regulations is Agricultural Produce (Fresh Meat) Act 1930 (10/1930), s. 51 and schedule, the schedule as substituted by Agricultural Produce (Meat) (Miscellaneous Provisions Act 1978 (13/1978), s. 6 and schedule. Section 51 is the general regulation making power and it remains in force. However it is the schedule that deals with fees, and it was repealed by European Communities (Fees For Health Inspections and Controls of Fresh Meat) Regulations 1995 (S.I. No. 34 of 1995), reg. 14(1) which set up a new fee structure. The statutory power for these regulations appears to be removed and they appear to be obsolete.